California OAH special education order · July 30, 2018
Order Granting Motion to Amend Complaint; Deeming Notice of Insufficiency Moot and Deeming Motion to Join Party Moot
OAH Case No. 2018070617 · ALJ Penelope S. Pahl
OAH granted Student's unopposed motion to amend the complaint. This made Brawley's notice of insufficiency and its motion to join Imperial County Office of Education moot, because the amended complaint already adds that agency.
Summary
Student asked to amend the due process complaint, and Brawley did not oppose. Brawley separately filed a notice of insufficiency combined with a motion to join the Imperial County Office of Education as a respondent. OAH granted the timely amendment, vacated all scheduled dates, and found Brawley's two motions moot because the amended complaint replaced the original and already named the county office. OAH also told Brawley that multiple motions may not be filed in a single document.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)
- 20 U.S.C. § 1415(c)(2)(E)(ii)
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of: OAH Case No. 2018070617
PARENT ON BEHALF OF STUDENT, ORDER GRANTING MOTION TO
AMEND COMPLAINT; DEEMING
v. NOTICE OF INSUFFICIENCY MOOT
AND DEEMING MOTION TO JOIN
BRAWLEY ELEMENTARY SCHOOL PARTY MOOT.
DISTRICT AND IMPERIAL COUNTY
OFFICE OF EDUCATION
On July 12, 2018, Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings, naming Brawley Elementary School District as respondent. On July 24, 2018, Student filed a Motion to Amend the Due Process Hearing Request together with a proposed amended complaint. No opposition to the motion to amend was received from Brawley.
On July 27, 2018, Brawley filed a notice of insufficiency coupled with a motion to join the Imperial County Office of Education as a respondent in this matter. No opposition was received from Student to either motion.
Motion to Amend Complaint An amended complaint may be filed when either (a) the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session, or (b) the hearing officer grants permission, provided the hearing officer may grant such permission at any time more than five (5) days prior to the due process hearing. (20 U.S.C.
§1415(c)(2)(E)(i).) The filing of an amended complaint restarts the applicable timelines for the due process hearing. (20 U.S.C. §1415(c)(2)(E)(ii).)
The motion to amend is timely and is granted.
Notice of Insufficiency and Motion to Join a Party Granting the motion to amend the complaint renders Brawley’s Notice of Insufficiency moot. The complaint to which the notice of insufficiency pertains has now been supplanted by Student’s first amended complaint.
The order granting Student’s motion to amend also renders Brawley’s Notice of Motion to Join a Party moot. Student’s first amended complaint adds the Imperial County Office of Education as a party. Brawley’s motion for the same relief is moot. Brawley is advised, for future reference, that multiple motions may not be filed in a single document.
ORDER
1. Student’s motion to amend is GRANTED. The amended complaint is
deemed filed as of the date of this order. All previously scheduled dates in this matter are hereby VACATED. OAH will issue a scheduling order with the new dates.
2. As a result of the granting of the motion to amend, Brawley’s Notice of
Insufficiency is deemed moot.
3. As a result of the granting of the motion to amend, Brawley’s Motion to Join
Imperial County Office of Education as a party is deemed moot.
IT IS SO ORDERED.
DATE: July 30, 2018
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings